On the recordApril 19, 1994
this memo goes on to point out to the Chairman of the Joint Chiefs the circumstance concerning the ruling on a pretrial motion in a general court martial. It pointed out the military judge determined that Admiral Kelso was an accuser within the meaning of article 1, paragraph 9, of the Uniform Code of Military Justice with regard to each accused and, therefore, had an actual and apparent unlawful command influence in each case. And the military judge dismissed the charges. The military judge's order--and this is the Secretary of Navy now writing this--was based in part upon certain findings of fact concerning Admiral Kelso. Those findings of fact reflect the military judge's assessment of the credibility of witnesses Admiral Kelso was unable to confront or cross-examine. An impartial official fact-finder has reached a conclusion contrary to that of the military judge concerning the issues about Admiral Kelso that the military judge considered. On February 11, 1994, the Department of Defense Deputy Inspector General issued a statement describing the findings reached by him as the result of his office's investigation of Tailhook '91 and Admiral Kelso. His statement declared that during his investigation, his office found no credible evidence that Admiral Kelso had specific knowledge of the incidents and events that took place.
Said by
Ted Stevens
Source
govinfo.gov